ARTICLE 1. SCOPE

Parties

The general conditions of use of the platform www.cocobarrel.fr defined below (hereafter designated as the "General Conditions") govern the contractual relation between each user of the platform www.cocobarrel.fr and its application program interfaces (hereafter respectively designated as the "User" or "You" and the “Platform”) and the company COCO BARREL PHOTOGRAPHY, ,whose head offices are located at Jl. Bumbak Dauh No 18, Kerobokan, Kec. Kuta Utara, Kabupaten Badung, Bali 80361.

Services

These General Conditions govern any access to any content that is made available on the Platform through the services offered by COCO BARREL PHOTOGRAPHY. COCO BARREL PHOTOGRAPHY is a unique integrated worldwide community platform that allows Users to access to, and purchase directly from a registered photographer with a secure payment online, the photograph(s) or video(s) of You (the “Pictures”) taken during Your sport sessions. Therefore, the Platform allows You to connect with a registered photographer (the “Services”). Services are provided by COCO BARREL PHOTOGRAPHY to You free-of-charge. When Users make or accept a purchase, they are entering into a contract directly with a registered photographer (hereafter designated as the “Photographer(s)”). COCO BARREL PHOTOGRAPHY is not and does not become a party or a participant to in any contractual relationship between Users and Photographers, nor is COCO BARREL acting as an agent in any capacity for any Users or Photographers, except as expressly specified herein.

Entire agreement

These General Conditions constitute the entire and exclusive statement of the agreement between You and COCO BARREL PHOTOGRAPHY with respect to its subject matter and supersede all prior communications, understandings, and agreements between You and COCO BARREL PHOTOGRAPHY concerning the subject matter hereof, whether written or oral.

Modifications

You hereby understand that COCO BARREL PHOTOGRAPHY may modify from time to time certain provisions of the General Conditions. COCO BARREL PHOTOGRAPHY may improve, enhance and modify the Platform and introduce new or modify the Services from time to time. These modifications will be applicable starting from the date of their publication online, which date will be indicated at the end of such General Conditions.

Applicable conditions

Each transaction made on the Platform by the User is governed by the General Conditions applicable at the date of the transaction between You and a Photographer. Prior to validate Your transaction, You will be requested to read and expressly accept without reserve the General Conditions. By visiting and using the Platform, You commit to comply with the present General Conditions. Users who do not agree to be bound by these General Conditions should not use the Services.

ARTICLE 2. USE OF THE PLATFORM

Languages

The Platform is available in English.

Age requirement

In order to visit or use the Platform, and make an order on the Platform, You must be at least 18 years old, and be legally competent to contract. By accepting these General Conditions, You acknowledge that You are at least 18 years old and have the right to contract.

Interruption

You acknowledge that Your access to and use of the Platform may be interrupted from time to time as a result of scheduled maintenance or support operations necessary for the proper functioning of the Platform, the security or integrity of the servers or any other reason within or beyond the control of COCO BARREL PHOTOGRAPHY. COCO BARREL PHOTOGRAPHY reserves the right to suspend the availability of the Platform and therefore to restrict Your access to parts of or all of the Platform and/or remove any content at any time at its sole discretion and without prior notice.

Creation of a User account and closure

As a condition to using the Platform and having access to the Pictures of Your sport sessions, You are first required to create a user account (Your “User Account”) by selecting a password and a username.

You can unsubscribe to Services provided by Session simply by clicking on the option “Unsubscribe” in Your User Account. In the event of inactivity for a continuous period of three (3) years from Your last connection, COCO BARREL PHOTOGRAPHY reserves the right to disable.

Upon closure of Your account, any and all content and information stored on Your Account will be erased by COCO BARREL PHOTOGRAPHY.

You expressly acknowledge that COCO BARREL PHOTOGRAPHY liability cannot be sought in any way for any loss or alteration of content or information stored on Your account, which occurred after the deactivation of Your account, regardless of the cause.

You may also use Your Facebook or Google account to use the Services on the Platform, and share the purchased Pictures using Your Facebook or Google account. Accepting COCO BARREL application through Your Facebook or Google account automatically creates a User Account and opens a session. The e-mail address registered by COCO BARREL PHOTOGRAPHYis the one linked to Your Facebook or Google account.

You understand and acknowledge that Your User Account is strictly personal. You are solely responsible for maintaining the confidentiality of Your password and for any access to the Platform via Your User Account. In the event of loss, theft or unauthorised use of the identifiers, please notify COCO BARREL immediately and proceed to the change of Your password as soon as possible.

Your rights and obligations

By creating Your User Account, You grant COCO BARREL PHOTOGRAPHY a non-exclusive, transferable, sub-licensable, royalty-free, revocable and worldwide license to upload, host, use, distribute, run, copy, reproduce or electronically display any and all Pictures of You taken by a Photographer during Your sport session, on the Platform or any other media for the purpose of enabling You to acquire such Pictures of You. COCO BARREL PHOTOGRAPHY is very respectful of the privacy rights of its Users and will not use any Pictures of You without Your prior written consent. Therefore, COCO BARREL PHOTOGRAPHY may, from time to time, expressly request You (on the Platform or via e-mail for example) the rights to use, reproduce and electronically display on the Platform or any other digital media the Pictures of You that are uploaded or that You are sharing on the social medias for the purpose of advertising the Services provided on the Platform, COCO BARREL PHTOOGRAHY will not use any Pictures of You for commercial purposes. In that case, You acknowledge and consent that such authorizations will be granted, on a worldwide, royalty free basis and without any compensation of any kind to You.

You can terminate this license at any time upon a written notification to COCO BARREL PHOTOGRAPHY, pursuant to Article 4 of these General Conditions. Notwithstanding the above, You understand that, for technical reasons, deleted Pictures may be preserved for a limited period of time in backup copies. In addition, You understand and acknowledge that Pictures that You remove from the Platform may continue to appear if You have shared them via Your Facebook or Google account and if they have not been deleted.

Your Pictures will be accessible only by You on the Platform, unless You decide on your own to share Your Pictures on the social medias and except for the aforementioned rights You granted to COCO BARREL PHOTOGRAPHY You hereby waive any right that You may have to monetary compensation, or to inspect or approve any of the Pictures, or the advertising or other expressly authorized uses made of the Pictures.

You commit not to use the Platform for any purpose that is unlawful or not contemplated by these General Conditions. COCO BARREL PHOTOGRAPHY reserves the right to suspend or close, in appropriate circumstances, any User Account who repeatedly infringe the terms of these General Conditions.

When registering Your User Account, You commit to provide complete and accurate information. You are responsible for paying any fees that you owe to a Photographer and You acknowledge that Your order may be refused or cancelled if You have not paid a previous order, for any reason whatsoever, or if your payment is rejected.

Without prejudice to the intellectual property rights of COCO BARREL PHOTOGRAPHY or the Photographers, You may share and upload the Pictures You have purchased directly on Your other social media accounts (incl. Facebook, Instagram, Snapchat, Twitter). Your use of these social medias will be governed by and subject to the terms and conditions and privacy policies of such social medias. You understand and agree that COCO BARREL PHOTOGRAPHY does not endorse and is not responsible or liable for the behavior, features, or content of any such social media. You hereby understand and acknowledge that You cannot post any content of any kind on the Platform.

Once You have completed an order and downloaded the Pictures You have bought, You will have the possibility to leave a comment on the Photographer’s website, Facebook page or blog. The comment You will leave on the Photographer shall be related to the Picture(s) only and You acknowledge that it is absolutely forbidden to publish on the Platform and on the Photographer’s website, Facebook page or blog any content that is violent, sexual explicit, pornographic, or related to political or religious matters and or not aligned with the subject matter of the Platform and COCO BARREL mission.

COCO BARREL may from time to time offer trials to You for a limited period. COCO BARREL PHOTOGRAPHY reserves the right, to the extent permitted by the applicable law, to withdraw or to modify a trial at any time without prior notice and with no liability.

ARTICLE 3. PLACING ORDERS

Pictures sold by Photographers on the Platform

The products sold on the Platform are the Pictures that have been made by a Photographer during Your sport session.

Once You register Yourself through Your User Account, The pack contains several Pictures of You taken by a same Photographer at the same location during one sport session, being understood that a sport session performed on the morning, then another one on the afternoon may be deemed as two sport sessions subject to separate packs of Pictures.

You may only access to a pack of Pictures of Yourself, within three (3) months from the date they have been uploaded by the Photographer(s) on the Platform.

You are free and responsible for choosing the ones You wish to save. The Pictures are offered in one or several formats and mountings.

The prices of the pack of Pictures is indicated in Dollars, including taxes and any shipping fees. The Pictures shall be paid in USD. You understand and agree that Photographers are solely responsible for setting forth the price list applicable at the moment of Your order.

COCO BARREL PHOTOGRAPHY may offer You a discount that would be applicable after Your first purchase, depending on the quantity of any subsequent packs of Pictures within a limited period. As the case may be, any discount policy will be available on the Platform or notified to You by email.

Upon receipt of a purchase confirmation from COCO BARREL PHOTOGRAPHY, a legally binding agreement is formed between You and a Photographer, subject to any additional terms and conditions of the Photographer that may apply, including in particular the applicable cancellation policy and any other conditions and restrictions. COCO BARREL PHOTOGRAPHY will collect on behalf of Photographer the total fees at the time of the confirmed order or upon the Photographer’s confirmation pursuant to the payment terms below. Each User acknowledges and agrees that, notwithstanding the fact that COCO BARREL PHOTOGRAPHY is not a party to the agreement between You and a Photographer, COCO BARREL acts as the Photographer’s payment collection agent for the limited purpose of accepting payments from You on behalf of the Photographer.

You understand and agree that the Pictures are the physical property of the Photographers until the complete payment of the applicable prices.

How to make an order?

For making an order, You will need to complete the following steps:

• Identification or, in the case You do not have a User Account at the time of the order, a webpage where You can create a User Account.
• Consultation of the webpage including the Pictures and any information thereof (incl. the price set forth by the Photographer, the place where the Pictures were taken). On this screen You can choose a pack of Pictures, in the support among those available for these Pictures. You must click on « Add to shopping cart » in order to add these Pictures to Your shopping cart.
• Review of the pack of Pictures.
• Page that summarizes Your order and includes information related to the different available payment schemes. On this page, You can choose Your payment schemes according to the payment terms set forth below and to verify the different elements constituting Your order (articles, quantity, mode of delivery, total price). You must ensure that all these elements are in conformity with Your order. Because of the links on this screen, You have the possibility to modify Your order.
• You must afterwards accept the General Conditions and the Privacy Policy prior to complete the payment. The General Conditions are available for reading and for printing through the link « General Terms and Conditions ». By checking the box prior to each order, You expressly accept these General Conditions.
• Prior to finalizing Your order, COCO BARREL may request You the rights to use, reproduce, electronically display and distribute on the Platform or any other media the pack of the Pictures You are buying for the purpose of advertising the Services provided on the Platform
• You pay for Your order by the payment scheme You have chosen.
• The contract between You and the Photographer is concluded upon the confirmation of Your payment.
• The Platform sends You a confirmation of Your order by e-mail shortly after the confirmation of Your payment. The time it takes to receive confirmation may depend upon the payment method You select and the payment method provider’s processing schedule. COCO BARREL PHOTOGRAPHY may delay or cancel any payment for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation. Once the payment transaction is confirmed and successfully completed by COCO BARREL financial services partner or Your bank, COCO BARREL PHOTOGRAPHY will proceed to the transfer of Your payment to the Photographer’s registered bank account.
• The details of Your order will be available on Your User Account.

Methods of payment and Security of payments

Payment is made via the secure system of payment Stripe or any other payment schemes that COCO BARREL PHOTOGRAPHY will make available on the Platform.

You are requested to review the general terms and conditions of Stripe

You are hereby informed that You must accept Stripe terms and conditions in order to finalize Your order on the Platform.

COCO BARREL PHOTOGRAPHY does not store any of Your banking data.

You hereby understand that COCO BARREL PHOTOGRAPHY shall not be responsible for any damages caused by Stripe. The bank information of the User is encrypted (SSL technology, Secure Socket Layer). Your bank information (number of card, expiration date, etc.) is not communicated to COCO BARREL PHOTOGRAPHY or the Photographer. You are solely responsible for the accuracy and completeness of Your payment and bank information. COCO BARREL PHOTOGRAPHY is not responsible for any loss suffered by You as a result of incorrect payment or bank information provided by You.

Proof of payment

The information registered by the Platform and its payment system constitutes the evidence of the transaction completed between Photographers and the Users.

Delivery of Your order

You are able to download Your Pictures at any time from the purchase date.

Right of revocation

You consent that You cannot cancel Your order for the supply of any content if the delivery/downloading has started upon Your request and acknowledgement that You thereby lose your cancellation right.

Refunds

If technical problems prevent or unreasonably delay delivery of Pictures, Your exclusive and sole remedy is the refund of the price paid for the order. From time to time, on behalf of Photographer, COCO BARREL PHOTOGRAPHY may refuse a refund request if COCO BARREL PHOTOGRAPHY finds evidence of fraud, refund abuse or other manipulative behaviour that entitles COCO BARREL PHOTOGRAPHY to a corresponding counterclaim.

ARTICLE 4. CUSTOMER SERVICE AND CLAIMS

For any information or question related to the use of or access to the Services available on the Platform, You can contact our customer service by email at contact@cocobarrel.fr. To the extent feasible, we will be happy to give all the information that You wish about Your Pictures and Your order.

ARTICLE 5. FORCE MAJEURE

COCO BARREL PHOTOGRAPHY shall be released from any obligation and shall not be held liable for any damages or remedies in the event of force majeure. The following events are expressly considered as being events of force majeure or fortuitous events, other than those generally any failure by the energy supplier leading to an interruption of energy supply, any failure of the communication networks that COCO BARREL PHOTOGRAPHY and/or its hosting service providers depend upon, and/or any failure of their replacement networks.

ARTICLE 6. PROTECTION OF PERSONAL DATA

COCO BARREL PHOTOGRAPHY processes some of Your personal data for the Purposes of providing the Services. Such personal data are processed in accordance with the Privacy Policy which You are required to review and accept prior to the finalization of any transaction.

ARTICLE 7. WARRANTIES AND LIABILITIES

COCO BARREL PHOTOGRAPHY uses reasonable efforts to provide correct and updated information on the Platform. COCO BARREL PHOTOGRAPHY reserves the right to modify any such information at all times and without advance notice. COCO BARREL PHOTOGRAPHY cannot guarantee at all times the accuracy and completeness of the information available on the Platform. COCO BARREL PHOTOGRAPHY decline all liability for any interruption of the Platform, any bug, any inaccuracy or incompleteness regarding any information available on the Platform, and any damages resulting from any fraudulent intrusion by a third party leading to a modification of such information. This Platform can contain links to other websites. COCO BARREL PHOTOGRAPHY cannot be held responsible for any issue of access or for any content of such websites. COCO BARREL PHOTOGRAPHY will not be liable for damages resulting from the impossibility to use the Platform.

COCO BARREL PHOTOGRAPHY will use reasonable efforts to keep the Platform operational. However, certain technical issues or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, COCO BARREL PHOTOGRAPHY reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Platform, with or without notice, all without liability to You, except where prohibited by law, for any interruption, modification, or discontinuation of the Platform or any function or feature thereof. You understand, agree, and accept that COCO BARREL PHOTOGRAPHY has no obligation to maintain, support, upgrade, or update the Platform, or to provide all or any specific content through the Platform. This section will be enforced to the extent permissible by applicable law.

Warranty and disclaimer

COCO BARREL PHOTOGRAPHY END EAVOURS ITS BEST EFFORTS TO PROVIDE THE BEST SERVICE IT CAN, BUT YOU UNDERSTAND AND AGREE THAT THE PLATFORM AND ANY SERVICES OR PRODUCTS PROVIDED VIA THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE PLATFORM VOLUNTARILY AND AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COCO BARREL PHOTOGRAPHY AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. NEITHER COCO BARREL PHOTOGRAPHY NOR ANY OWNER OF CONTENT WARRANTS THAT THE USE OF THE PLATFORM IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, COCO BARREL PHOTOGRAPHY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY UPLOADED PICTURES, THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT COCO BARREL PHOTOGRAPHY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND PHOTOGRAPHER OR BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE PLATFORM. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM THE PLATFORM SHALL CREATE ANY WARRANTY ON BEHALF OF COCO BARREL PHOTOGRAPHY IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Limitation

COCO BARREL PHOTOGRAPHY HAS NO CONTROL OVER AND DOES NOT GUARANTEE (I) THE EXISTENCE, QUALITY, OR SUITABILITY OF ANY PICTURES OR OTHER CONTENT ON THE PLATFORM, OR (II) THE PERFORMANCE OR CONDUCT OF ANY PHOTOGRAPHER OR USER ON THE PLATFORM. COCO BARREL PHOTOGRAPHY DOES NOT ENDORSE ANY PHOTOGRAPHER.

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PLATFORM AND ANY SERVICES OR PRODUCTS PROVIDED ON THE PLATFORM IS TO UNINSTALL COCO BARREL PHOTOGRAPHY APPLICATION AND TO STOP USING THE PLATFORM. WHILE COCO BARREL PHOTOGRAPHY ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO THE PLATFORM, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COCO BARREL PHOTOGRAPHY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR PICTURES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE GENERAL CONDITIONS, (II) FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR PICTURES, (III) FROM ANY COMMUNICATIONS OR INTERACTIONS WITH OTHER MEMBERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COCO BARREL PHOTOGRAPHY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

ARTICLE 8. INTELLECTUAL PROPERTY

Ownership of the Pictures

The Photographers are the owner of any intellectual property right in the Pictures, including the right of reproduction and communication to the public. Their authorization is necessary for all exploitation of these rights. Subject to the payment of the applicable order, You are granted with the a non-exclusive, royalty-free, revocable, transferable and worldwide right to use the Pictures solely for personal and non-commercial uses in compliance with this Agreement. Your rights include the right to upload, copy, reproduce and electronically display the Pictures on any social media. For clarity, with a personal and non-commercial license, You are allowed to exercise the aforementioned rights for educational purposes including on the equipment of a Sport Camp for any special events dedicated to Your sport session.

Ownership of the Platform

All the elements of the Platform, including the interface, the images, illustrations, texts, photographs, logos, the design, the applications and software included in the Platform may be subject to author’s rights, trademark rights, design and model rights and other intellectual property rights hold by COCO BARREL PHOTOGRAPHY or its licensors. Any use of the Platform or any of the Platform’s element, including but not limited to the reproduction, the communication to the public, the modification, the adaptation, the translation is strictly forbidden, unless with the written consent of COCO BARREL PHOTOGRAPHY

ARTICLE 9. FEEDBACK

COCO BARREL PHOTOGRAPHY welcomes and encourages You to provide feedback, comments and suggestions for improvements to the Platform (“Feedback”). You may submit Feedback by emailing COCO BARREL PHOTOGRAPHY, through the email at contact@cocobarrel.fr. Any Feedback You submit to COCO BARREL PHOTOGRAPHY will be considered non-confidential and non-proprietary to You. By submitting Feedback to COCO BARREL PHOTOGRAPHY, You grant COCO BARREL PHOTOGRAPHY a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to You.

ARTICLE 10. THIRD PARTY APPLICATION

The Platform is integrated with third party applications, website, and services (“Third Party Applications”) to make available content, products, and/or services to You. These Third Party Applications may have their own terms and conditions of use and privacy policies and Your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that COCO BARREL PHOTOGRAPHY does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

ARTICLE 11. INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD COCO BARREL PHOTOGRAPHY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF: (1) YOUR BREACH OF THESE GENERAL CONDITIONS; (2) ANY CONTENT OR COMMENT YOU MAY POST; (3) ANY ACTIVITY IN WHICH YOU ENGAGE ON OR THROUGH THE PLATFORM; AND (4) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COCO BARREL PHOTOGRAPHY AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE GENERAL CONDITIONS AND YOUR USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO, FROM YOUR ORDER OF ANY PICTURES VIA THE PLATFORM, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR PICTURES, EXCEED ONE HUNDRED (100) EUROS. YOU UNDERSTAND AND RECOGNIZE THAT THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS FOR COCO BARREL PHOTOGRAPHY AND YOU. ANY ADDITIONAL LIABILITY OF COCO BARREL PHOTOGRAPHY IS EXCLUDED, TO THE EXTENT PERMITTED BY LAWS.

ARTICLE 12. ASSIGNMENT

COCO BARREL PHOTOGRAPHY may assign the General Conditions or any part of them, and COCO BARREL PHOTOGRAPHY may delegate any of its obligations under the General Conditions. You may not assign the General Conditions or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

ARTICLE 13. MEDIATION

This article is only applicable to the Users having their residence within the European Economic Area (“EEA”) who use the Services as a consumer and away from any business activity, to the exclusion of the Users using the Services as a professional.

In the event of a dispute relating to these General Conditions, any consumer has the right to use a consumer mediator, free of charge, in accordance with the provisions prior to initiate any legal action before the competent courts.

ARTICLE 14. JURISDICTION

The General Conditions are governed by the law, excluding any conflict of law rules.

In case of any dispute arising out of or in connection with the General Conditions, the parties agree to seek an amicable resolution through mediation. If the parties have not resolved the dispute or claim within thirty (30) days after the one-day, non-binding mediation, either party may begin litigation proceedings. Notwithstanding the foregoing, nothing in this Article 13 shall prevent a party from seeking preliminary injunctive relief from a court of competent jurisdiction in accordance with this article.

Any dispute that may arise out of or in connection with the present General Conditions, including without limitation the validity, formation, interpretation, performance, construction, termination or expiration of the contract that cannot be settled amicably shall be referred to the exclusive jurisdiction including in case of defendants, contribution or guarantee claims or any third party proceedings and/or summary proceedings.

You hereby understand and agree that in case of dispute between You and any Photographer, the aforementioned governing law/jurisdiction provisions will not apply.